BILL NUMBER: SB 671	CHAPTERED  05/19/00

	CHAPTER   21
	FILED WITH SECRETARY OF STATE   MAY 19, 2000
	APPROVED BY GOVERNOR   MAY 19, 2000
	PASSED THE SENATE   MAY 16, 2000
	PASSED THE ASSEMBLY   APRIL 27, 2000
	AMENDED IN ASSEMBLY   APRIL 25, 2000
	AMENDED IN ASSEMBLY   APRIL 5, 2000
	AMENDED IN ASSEMBLY   APRIL 3, 2000
	AMENDED IN ASSEMBLY   MARCH 27, 2000
	AMENDED IN SENATE   JANUARY 12, 2000
	AMENDED IN SENATE   JANUARY 4, 2000
	AMENDED IN SENATE   APRIL 29, 1999
	AMENDED IN SENATE   APRIL 5, 1999

INTRODUCED BY   Senators Chesbro, Burton, and Alpert and Assembly
Members Cardoza, Baugh, Florez, Rod Pacheco, and Thompson
   (Principal coauthors:  Senators Costa, O'Connell, Leslie,
Monteith, Perata, Haynes, Kelley, Morrow, Soto, and McPherson)
   (Principal coauthors:  Assembly Members Mazzoni, Wiggins,
Strom-Martin, Briggs, Cox, Frusetta, House, Machado, Maldonado,
Pescetti, Reyes, Thomson, Leach, Longville, Migden, Campbell,
Ackerman, Ashburn, Brewer, Cedillo, Davis, Hertzberg, Kuehl, Papan,
Romero, Runner, Shelley, Steinberg, Wesson, Wright, and Zettel)

                        FEBRUARY 24, 1999

   An act to add and repeal Article 8 (commencing with Section 6045)
of Chapter 9 of Part 1 of Division 4 of the Food and Agricultural
Code, relating to agriculture, making an appropriation therefor, and
declaring the urgency thereof, to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 671, Chesbro.  Pierce's disease.
   Existing law generally provides for the eradication of pests that
threaten this state's agriculture.
   This bill would create the Pierce's Disease Management Account
within the Food and Agriculture Fund and would appropriate $6,900,000
from the General Fund to this account for the purpose of research
and other efforts to combat Pierce's disease, and its vectors, and
would provide that funds from federal, industry, and other sources
would be available for those purposes without regard to fiscal year.
This bill would also declare the intent of the Legislature that a
total of $13,800,000 be made available for funding this program, with
the additional $6,900,000 to be appropriated by the Budget Act.
This bill would require that whenever, in any county, funds are
allocated by the Department of Food and Agriculture, the funds shall
be made available to a local public entity designated by that county'
s board of supervisors.  Additionally, this bill would require that
prior to receiving funds, the local public entity must create a
Pierce's disease workplan that shall be approved by the department
and contain specified elements.  This bill would require the local
entities to utilize funds allocated under these provisions for
activities consistent with the approved workplan or other programs or
workplans approved by the department.  This bill would authorize the
Secretary of Food and Agriculture to establish, maintain, and
enforce regulations consistent with the Legislature's intent, as
specified, and would provide that this authority is to be liberally
construed.  This bill would make these provisions inoperable on
January 1, 2006, and would repeal these provisions on January 1,
2007, unless a later enacted statute deletes or extends these dates.

   This bill would declare that it is to take effect immediately as
an urgency statute.
   Appropriation:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Article 8 (commencing with Section 6045) is added to
Chapter 9 of Part 1 of Division 4 of the Food and Agricultural Code,
to read:

      Article 8.  Pierce's Disease

   6045.  (a) The Legislature hereby finds and declares that the
plant killing bacterium, Xyella Fastidiosa and the resulting
pathogen, Pierce's disease, and its vectors present a clear and
present danger to California's fifty billion dollar grape industry,
as well as to many other commodities and plant life.
   (b) There exists an ongoing need for at least fifteen million
dollars ($15,000,000) annually in research and programs to combat
Pierce's disease and its vectors in California.
   6046.  (a) There is hereby created in the Department of Food and
Agriculture the Pierce's Disease Control Program.
   (b) The Governor shall appoint a statewide coordinator, and the
secretary shall provide an appropriate level of support staffing and
logistical support for combating Pierce's disease and its vectors.
   (c) (1) There is hereby created the Pierce's Disease Management
Account in the Food and Agriculture Fund.
   (2) The account shall consist of money transferred from the
General Fund under subdivision (d) and money made available from
federal, industry, and other sources.  Money made available from
federal, industry, and other sources shall be available for
expenditure without regard to fiscal year for the purpose of
combating Pierce's disease or its vectors.  State general funds to be
utilized for research shall only be expended when the secretary has
received commitments from nonstate sources for at least a 25-percent
match for each state dollar to be expended.
   (d) (1) The sum of six million nine hundred thousand dollars
($6,900,000) is hereby appropriated from the General Fund to the
account created by this article in the Department of Food and
Agriculture Fund and shall be available for expenditure by the
department without regard to fiscal year for the purpose of combating
Pierce's disease or its vectors.
   (2) It is the intent of the Legislature that a total of thirteen
million eight hundred thousand dollars ($13,800,000) be made
available from the General Fund for purposes of providing funding to
the program established by subdivision (a).  Therefore, it is further
the intent of the Legislature, in addition to the appropriation in
paragraph (1), to appropriate six million nine hundred thousand
dollars ($6,900,000) from the General Fund in the Budget Act of 2000
to the department for the purpose of funding the program established
by subdivision (a).
   (e) The funds appropriated pursuant to this section to the Food
and Agriculture Fund for the purpose of combating Pierce's disease
and its vectors shall be used for costs that are incurred by the
state or by local entities during and subsequent to the fiscal year
of the act that added this section for the purpose of research  and
other efforts to combat Pierce's disease and its vectors.
   (f) Whenever, in any county, funds are allocated by the Department
of Food and Agriculture for local assistance regarding Pierce's
disease and its vectors, those funds shall be made available to a
local public entity, or local public entities, designated by that
county's board of supervisors.
   (g) Funds appropriated for local assistance shall not be allocated
to the local public entity until the local public entity creates a
Pierce's disease workplan that is approved by the department.  Any
funds allocated by the department to a designated local public entity
or designated local public entity shall be utilized for activities
consistent with the local Pierce's disease workplan or other programs
or workplans approved by the department.  It shall be the
responsibility of the designated local public entity to develop and
implement the local Pierce's disease workplan.  Upon request, the
department shall provide consultation to the local public entity
regarding its workplan.
   (h) The workplan created by the designated local public entity
shall include, but is not limited to, all of the following:
   (1) In coordination with the department, the development and
delivery of producer outreach information and training to local
communities, groups, and individuals to organize their involvement
with the workplan and to raise awareness regarding Pierce's disease
and its vectors.
   (2) In coordination with the department, the development and
delivery of ongoing training of the designated local public entity's
employees in the biology, survey, and treatment of Pierce's disease
and its vectors.
   (3) The identification within the designated local public entity
of a local Pierce's disease coordinator.
   (4) The proposed treatment of Pierce's disease and its vectors.
Treatment programs shall comply with all applicable laws and
regulations and shall be conducted in an environmentally responsible
manner.
   (5) In coordination with the department, the development and
implementation of a data collection system to track and report new
infestations of Pierce's disease and its vectors in a manner
respectful of property and other rights of those affected.
   (6) On an annual basis, while funds appropriated by this section
are available for encumbrance, the department shall review the
progress of each local public entity's activities regarding Pierce's
disease and its vectors and, as needed, make recommendations
regarding those activities to the local public entity.
   (i) Notwithstanding Section 7550.5 of the Government Code, the
department shall report to the Legislature on January 1, 2001, and
each January 1 while this section is operative, regarding its
expenditures, progress, and ongoing priorities in combating Pierce's
disease and its vectors in California.
   (j) This article shall become inoperative on January 1, 2006, and
as of January 1, 2007, is repealed, unless a later enacted statute
that is enacted before January 1, 2007, deletes or extends the dates
on which it becomes inoperative and is repealed.
   6047.  The secretary may establish, maintain, and enforce
regulations consistent with the intent of the Legislature as
expressed in this article as may be necessary to interpret, clarify,
or implement this article.  This authority shall be liberally
construed to effectuate the intent of this article.
  SEC. 2.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   In order to minimize the destructive impact of Pierce's disease
and its vectors at the earliest possible time, it is necessary for
this act to take effect immediately.
